What do you think of this?

Hi, I went to Smyths Toy Store today, to buy a child's bike. I found the one that I wanted, and then went to find a staff member to get one from the warehouse for me. I asked the young man if he could get this particular bike for me, and he asked if I wanted it built or in a box. I only have a small car, so I said I would like it boxed. He then said "you won't have a warranty with it if we don't build it for you". I was a little puzzled by this, and he said that they are built by a mechanic and therefore have a warranty, but if you build it yourself, then it's tough if it goes wrong afterwards. I admit I laughed a little, and I told him that their "mechanic" could not build the bike any better than I could myself, and he went off to get the bike. I returned to the bikes display and saw a small notice offering to assemble the bikes for £5. Whilst there, I saw a young guy I know who used to work the warehouse in my current job. Turns out HE is the "mechanic", and he has done a course on assembling bikes. Now I understand if I fail to put the bike together correctly, then it's my problem. But if anything else is wrong with the thing, then they WILL be getting it back. Any thoughts?
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Comments

  • pompeyfaith
    pompeyfaith Posts: 536 Forumite
    A shops terms and conditions does not over rule your consumer rights under SOGA if there is a fault with a part on the bike then you still have those rights.

    So he is talking rubbish.
  • eyeinthesky
    eyeinthesky Posts: 381 Forumite
    First Anniversary First Post
    My thoughts exactly, I still can't believe he said it!
  • easyhost
    easyhost Posts: 424 Forumite
    when a bike is sold it is sold boxed. it is at the discretion of the store if they offer an assembly service. SOGA applies to your purchase if the store assembles the bike or not. the difference is that if your take the bike home boxed and go to fit it up and find a piece missing what do you do, take it back and complain to the store, but is the store assemble the bike and find a part missing they will either get the missing part from their stock or from another boxed bike and you would be non the wiser.
  • butler_helen
    butler_helen Posts: 1,866 Forumite
    First Post First Anniversary Combo Breaker I've been Money Tipped!
    cheeky as in effect the 'warrenty' is £5 and he's sneekily trying to sell it to you? I hope that makes sense as it's far too late for my brain to function!
    If you aim for the moon if you miss at least you will land among the stars!
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    First Anniversary Combo Breaker First Post
    I would say the man was quite correct - why should the shop be responsible for "damage" caused by incorrect assembly by persons unknown ?

    "their "mechanic" could not build the bike any better than I could myself" - prove it !

    Why should they believe you any more than you believe them ?
  • eyeinthesky
    eyeinthesky Posts: 381 Forumite
    First Anniversary First Post
    moonrakerz wrote: »
    I would say the man was quite correct - why should the shop be responsible for "damage" caused by incorrect assembly by persons unknown ?

    "their "mechanic" could not build the bike any better than I could myself" - prove it !

    Why should they believe you any more than you believe them ?

    I already said I would be responsible for any issues arising from the assembly. I also said I know the "mechanic" personally, and trust me, he is not too bright! Any issues with this bike due to faulty manufacture, will be addressed by this store, regardless of what they say. As to proving it, I most certainly will! At my ripe old age I have assembled a fair few bikes, and none of them have had any problems.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    First Anniversary Name Dropper First Post
    I would say the man was quite correct

    I don't recall reading anything in the SOGA that would agree with this.

    What about self assembly furniture, garden equipment, toys, etc?
    There are many items that come unassembled and require putting together by the customer, and these still have the full protection of the SOGA
    why should the shop be responsible for "damage" caused by incorrect assembly by persons unknown
    .
    They shouldn't, but what they legally have to do is to prove that damage was caused by incorrect assembly, and not just misinform potential customers that any consumer protection is automatically voided if they choose to assemble the bike themselves.
  • scottishblondie
    scottishblondie Posts: 2,485 Forumite
    First Anniversary Name Dropper First Post
    I wouldn't trust a shop to assemble a bike for me - my friend got his new one assembled at Halfords when he purchased it last week. Less than halfway home the handlebars came loose as he tried to turn a corner. He had to go to hospital for stitches in his legs and arms, as well as getting embedded gravel removed from his hands. It was lucky his route wasn't along a busy road, or he probably would have been squished!
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    First Anniversary Combo Breaker First Post
    .
    They shouldn't, but what they legally have to do is to prove that damage was caused by incorrect assembly, and not just misinform potential customers that any consumer protection is automatically voided if they choose to assemble the bike themselves.

    I would agree that the customer's rights are not legally "voided" solely by reason of him assembling it himself - however, the retailer would have a much better "defence" in the warranty period by saying that he believes that the "failure" was caused by incorrect assembly.

    Who EVER reads the assembly instructions first ???
  • hcb42
    hcb42 Posts: 5,962 Forumite
    moonrakerz wrote: »
    Who EVER reads the assembly instructions first ???


    Women?....
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